These Terms of Use of MXT DIGITAL are established between you (hereinafter referred to as “you” or “your”) and MXT DIGITAL.
By accessing, downloading, using, or clicking “Accept” to agree to any MXT DIGITAL Service (as defined below), you acknowledge that you have read, understood, and accepted all the terms stipulated in these Terms of Use (hereinafter referred to as “these Terms”), as well as our Privacy Policy. Furthermore, by using certain features of the Services, you may be subject to specific additional terms applicable to those features.
It is essential to read the Terms carefully as they govern your use of MXT DIGITAL’s Services. By using MXT DIGITAL’s services, you acknowledge and agree that:
(1) You are aware of the risks associated with transactions involving Digital Assets and their derivatives;
(2) You will assume all risks related to the use of MXT DIGITAL’s services and transactions involving Digital Assets and their derivatives; and
(3) MXT DIGITAL shall not be liable for such risks or adverse outcomes.
By accessing, using, or attempting to use MXT DIGITAL’s Services in any capacity, you acknowledge that you agree to be bound by these Terms. If you do not agree, do not access MXT DIGITAL or use any of MXT DIGITAL’s services.
Definitions
MXT DIGITAL Accounts refer to the fundamental virtual accounts, including main accounts and subaccounts, opened by MXT DIGITAL for users to record their use of MXT DIGITAL’s Services, transactions, asset exchanges, and basic information. MXT DIGITAL Accounts serve as the basis for users to enjoy and exercise their rights on MXT DIGITAL.
MXT DIGITAL Platform Rules refer to all the rules, interpretations, announcements, statements, consent letters, and other content that have been and will be published by MXT DIGITAL, as well as all the regulations, implementation standards, product process descriptions, and announcements published in the Help Center or within products or service processes.
Digital Assets are non-physical goods that have economic value and are stored, accessed, and traded in digital format.
General Provisions
Contractual Relationship
These Terms constitute a legal agreement and form a binding contract between you and the Operators of MXT DIGITAL.
Supplementary Terms
Due to the rapid development of Digital Assets and MXT DIGITAL, these Terms between you and the Operators of MXT DIGITAL do not list or cover all rights and obligations of each party and do not ensure full alignment with needs arising from future developments. Therefore, the Privacy Policy, the MXT DIGITAL PLATFORM rules, and all other agreements separately entered into between you and MXT DIGITAL shall be deemed supplementary terms that are an integral part of these Terms and shall have the same legal effect. Your use of MXT DIGITAL’s services shall be deemed your acceptance of the aforementioned supplementary terms.
Changes to these Terms
MXT DIGITAL reserves the right to change or modify these Terms at its discretion at any time. All modifications or changes to these Terms will become effective after their publication on the website or their dissemination to users. Therefore, your continued use of MXT DIGITAL’s services is considered your acceptance of the modified agreement and rules. If you do not agree to the changes to these Terms, you must immediately stop using MXT DIGITAL’s services. It is recommended that you frequently review these Terms to ensure that you understand the conditions that apply to your access and use of MXT DIGITAL’s services.
Prohibition of Use
By accessing and using MXT DIGITAL’s services, you represent and warrant that you have not been included in any commercial embargo or economic sanctions list.
Registration and MXT DIGITAL Account Requirements
Registration
All users must request an MXT DIGITAL account at (https://mxt-digital.com/esp/) before using MXT DIGITAL’s services.
When registering for an MXT DIGITAL account, you must provide the information identified as requested by MXT DIGITAL, and accept these Terms, the Privacy Policy, and other MXT DIGITAL Platform Rules. MXT DIGITAL may refuse, at its discretion, to open an account for you. You agree to provide complete and accurate information when opening an MXT DIGITAL account, and agree to update any information you provide to MXT DIGITAL in a timely manner to maintain the integrity and accuracy of the information. Each user may maintain only one main account at a time. The registration, use, protection, and management of business accounts are also governed by the provisions of this Clause.
Eligibility
By registering to use an MXT DIGITAL Account, you represent and warrant that (i) as an individual, you are at least 18 years old or of legal age to form a binding contract under applicable laws; (ii) as an individual, legal entity, or other organization, you have full legal capacity and sufficient authorizations to accept these Terms; (iii) you have not previously been suspended or removed from using the MXT DIGITAL Platform or MXT DIGITAL Services; (iv) you do not have an active MXT DIGITAL Account; (v) you are not a resident, located in, or otherwise attempting to access the MXT DIGITAL Platform or MXT DIGITAL Services from, or acting on behalf of an individual or legal entity that is a resident or located in a Restricted Location; (vi) if you are acting as an employee or representative of a legal entity and accept these Terms on its behalf, you represent and warrant that you have all the necessary rights and authorizations to bind the legal entity and to access and use the MXT DIGITAL Platform and MXT DIGITAL Services on behalf of the legal entity; and (vii) your use of the MXT DIGITAL Platform and MXT DIGITAL Services will not violate any applicable laws or regulations, including, but not limited to, anti-money laundering regulations, anti-corruption laws, and anti-terrorism financing laws.
There are legal requirements in several countries that may restrict the products and services that MXT DIGITAL Operators can legally offer. Consequently, certain products, services, and functions of the MXT DIGITAL Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You will be responsible for informing yourself and complying with any restrictions and/or requirements regarding access to and use of the MXT DIGITAL Platform and MXT DIGITAL Services in each country from which you access the MXT DIGITAL Platform and MXT DIGITAL Services or on your behalf. MXT DIGITAL Operators reserve the right to change, modify, or impose additional restrictions regarding access to and use of the MXT DIGITAL Platform and MXT DIGITAL Services at their discretion at any time without prior notice.
User Identity Verification
Your registration of an account with MXT DIGITAL will be considered your agreement to provide the necessary personal information for identity verification. This information will be used to verify users' identities, detect money laundering, terrorism financing, fraud, and other financial crimes through MXT DIGITAL, or for other legitimate purposes established by MXT DIGITAL. We will collect, use, and share information in accordance with our Privacy Policy. In addition to providing the information, you agree to allow us to maintain a record of the information for the duration your account is active and for five (5) years following the closure of your account, in accordance with global industry standards for data storage. You also authorize us to conduct the necessary investigations, either directly or through a third party, to verify your identity or protect you and/or us from financial crimes such as fraud. The information we require to verify your identity may include, for example, your name, email address, contact information, phone number, username, government-issued identification, date of birth, and other information collected during the account registration process. By providing the necessary information, you confirm that it is true and accurate.
After registration, you must ensure that the information is true, complete, and updated promptly when modified. If there are reasons to believe that the information you provided is incorrect, false, outdated, or incomplete, MXT DIGITAL reserves the right to send you a notice requesting correction, directly remove the relevant information, and, as applicable, terminate all or part of the services we provide. If we cannot contact you using the contact information you provided, you will be fully responsible for any loss or expense incurred by MXT DIGITAL during the use of services. You acknowledge and agree that you are obligated to update all information if any changes occur. By registering an account, you authorize MXT DIGITAL to conduct any necessary investigations, either directly or through a third party, to verify your identity or protect you, other users, and/or MXT DIGITAL from fraud or other financial crimes, and to take necessary actions based on the results of the investigations. You also acknowledge and agree that your personal information may be disclosed to credit agencies and agencies for fraud prevention or financial crime prevention in response to our investigations.
Account Use Requirements
Only the registrant of the account may use the MXT DIGITAL account. MXT DIGITAL reserves the right to suspend, freeze, or cancel the use of Accounts by individuals other than the one who registered the account. If you suspect or become aware of any unauthorized use of your username and password, you must notify MXT DIGITAL immediately. MXT DIGITAL assumes no responsibility for any loss or damage arising from the use of the Account by you or any third party with or without your authorization.
Account Security
MXT DIGITAL is committed to maintaining the security of the funds entrusted by the User and has implemented industry-standard protection for its Services. However, individual Users' actions may pose risks. You agree to treat your access credentials (such as username and password) as confidential information and not disclose this information to third parties. You also agree to be solely responsible for taking the necessary security measures to protect your Account and personal information.
You are solely responsible for keeping your MXT DIGITAL account and password safe, as well as for all transactions made under your account. MXT DIGITAL assumes no responsibility for any loss or consequences arising from the authorized or unauthorized use of your account credentials, including, but not limited to, disclosure of information, consent, or submission of various rules and agreements by clicking on the website, renewal of online agreements, etc. By creating an MXT DIGITAL account, you agree that:
You will notify MXT DIGITAL immediately if you become aware of any unauthorized use of your account and password or any other security breach.
You will strictly adhere to all security, authentication, trading, deposit, and withdrawal procedures of MXT DIGITAL.
You will take appropriate measures to log out of MXT DIGITAL at the end of each visit.
Restrictions
By using the MXT DIGITAL Services, you agree and commit to comply with the following provisions:
During the use of MXT DIGITAL Services, all activities you carry out must comply with the requirements of applicable laws and regulations, these Terms, and MXT DIGITAL's guidelines.
Your use of MXT DIGITAL Services should not be contrary to public interests, public morals, or the legitimate interests of others, including actions that interfere with, disrupt, negatively affect, or prohibit other Users from using MXT DIGITAL Services. You will not use the services for market manipulation (such as pump and dump schemes, wash trading, self-dealing, front-running, quote stuffing, redirection, or layering, regardless of whether it is prohibited by law). Without MXT DIGITAL's written consent, the following commercial uses of MXT DIGITAL data are prohibited:
Trading services that make use of MXT DIGITAL quotes or market information from the announcement bulletin.
Data feeds or transmission services that use any market data from MXT DIGITAL. Any other websites/applications/services that charge or benefit (including through advertising or referral fees) from market data obtained from MXT DIGITAL.
Without prior written consent from MXT DIGITAL, you may not modify, replicate, duplicate, copy, download, store, transmit, disseminate, transfer, disassemble, publish, remove or alter any copyright statement or label, or license, sublicense, sell, duplicate, design, rent, lease, label, grant real property security rights over the properties or any part of the properties, or create derivative works or otherwise exploit any part of the properties.
You may not: (a) use any deep links, web crawlers, bots, spiders, or other automatic devices, programs, scripts, algorithms, or methods, or any manual equivalent process to access, obtain, copy, or monitor any part of the properties, or replicate or bypass the navigation structure or presentation of the MXT DIGITAL Services in any way, in order to obtain or attempt to obtain any material, document, or information by any means not intentionally made available through the MXT DIGITAL Services; (b) attempt to access any part or function of the properties without authorization, or connect to MXT DIGITAL Services or any MXT DIGITAL server, or any other system or network of any MXT DIGITAL Service provided through the services by hacking, password mining, or any other illegal or prohibited means; (c) probe, scan, or test the vulnerabilities of the MXT DIGITAL Services or any network connected to the properties, or violate any security or authentication measures of the MXT DIGITAL Services or any network connected to the MXT DIGITAL Services; (d) perform reverse lookups, trace, or search for information of any other User or visitor of MXT DIGITAL Services; (e) take any action that imposes an unreasonable or disproportionate load on the MXT DIGITAL Services system infrastructure or network, or the infrastructure of any system or network connected to MXT DIGITAL Services; (f) use any device, software, or routine to interfere with the normal operation of MXT DIGITAL Services or any transaction on MXT DIGITAL Services, or the use of MXT DIGITAL Services by any other person; (g) falsify headers, impersonate, or otherwise manipulate identifiers to disguise your identity or the origin of any message or transmission you send to MXT DIGITAL; or (h) use MXT DIGITAL Services illegally.
By accessing MXT DIGITAL Services, you agree that MXT DIGITAL has the right to investigate any breach of these Terms, determine unilaterally if you have violated these Terms, and take actions under the relevant regulations without your consent or prior notice, namely:
Responsibilities
Disclaimer of Warranties
To the fullest extent permitted by applicable law, MXT DIGITAL services, MXT DIGITAL materials, and any products, services, or other items presented by or on behalf of MXT DIGITAL are provided "as is" and "as available," and MXT DIGITAL expressly disclaims, and you waive, any other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising from the course of performance, course of dealing, or trade usage. Without limiting the foregoing, MXT DIGITAL does not represent or warrant that the site, MXT DIGITAL services, or MXT DIGITAL materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. MXT DIGITAL does not guarantee that an order will be executed, accepted, recorded, or remain open. Except for the representations, agreements, and provisions expressly set forth in these terms, you hereby acknowledge and agree that you have not relied on any other statement or agreement, whether written or oral, regarding your use and access to MXT DIGITAL services. Without limiting the foregoing, you hereby understand and agree that MXT DIGITAL will not be liable for any loss or damage arising from or related to: (a) inaccuracy, defect, or omission of Digital Asset price data, (b) error or delay in data transmission, (c) interruption of data, (d) regular or unscheduled maintenance performed by MXT DIGITAL and the service disruption and change resulting from such maintenance, (e) damage incurred by actions, omissions, or breaches of these terms by other users, (f) damage caused by illegal actions of third parties or actions unauthorized by MXT DIGITAL; and (g) other disclaimers mentioned in the waivers and platform rules issued by MXT DIGITAL.
The disclaimer of implied warranties in this document may not apply to the extent prohibited by the applicable law of your jurisdiction of residence.
Disclaimer of Damages and Limitation of Liability
To the fullest extent permitted by applicable law, MXT DIGITAL, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, or contractors will not be liable for any incidental, indirect, special, punitive, consequential, or similar damages (including, without limitation, damages for loss of data, information, revenue, profits, or other business or financial benefits) arising from MXT DIGITAL services, any performance or non-performance of MXT DIGITAL services, or any other product, service, or other item provided by or on behalf of MXT DIGITAL and its affiliates, whether in contract, tort, liability, or other theory, even if MXT DIGITAL has been advised of the possibility of such damages, except in cases where a final court judgment determines that the damages result from gross negligence, fraud, willful misconduct, or intentional violation of the law by MXT DIGITAL. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Notwithstanding the foregoing, in no event will the liability of MXT DIGITAL, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, or contractors arising from services offered by MXT DIGITAL or on behalf of MXT DIGITAL and its affiliates, any performance or non-performance of MXT DIGITAL services, or any other product, service, or other item, whether in contract, law, liability, or other theory, exceed the amount of the fees you have paid to MXT DIGITAL under these terms in the twelve months immediately preceding the event that gave rise to the liability claim.
Indemnification
You agree to indemnify and hold harmless the operators of MXT DIGITAL, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents against any claim, action, procedure, investigation, demand, costs, expenses, and damages (including legal fees, fines, or penalties imposed by any regulatory authority) arising from or related to (i) your use or conduct in connection with MXT DIGITAL services, (ii) your breach or our enforcement of these terms, or (iii) your violation of applicable laws or regulations or the rights of third parties during your use of MXT DIGITAL services. If you are required to indemnify the operators of MXT DIGITAL, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents under these terms, MXT DIGITAL shall have the right, at its sole discretion, to control any action or procedure and to determine whether MXT DIGITAL wishes to settle, and if so, on what terms.
Suspension of MXT DIGITAL Accounts
You agree that MXT DIGITAL shall have the right to immediately suspend your MXT DIGITAL account (and any beneficiary account owned by related entities or affiliates), freeze or block Digital Assets or funds in all such accounts, and suspend your access to MXT DIGITAL for any reason, including if MXT DIGITAL suspects that any of the accounts is in violation of these terms, our privacy policy, or any applicable law or regulation. You agree that MXT DIGITAL will not be liable to you for any permanent or temporary modification of your MXT DIGITAL account, or suspension or termination of your access to all or any part of MXT DIGITAL services. MXT DIGITAL reserves the right to retain and use transaction data or other information related to MXT DIGITAL accounts. Account controls may also apply if:
Cancellation of MXT DIGITAL Accounts
In the following cases, MXT DIGITAL shall have the right to immediately terminate these terms and cancel your MXT DIGITAL account, and shall have the right, but not the obligation, to freeze (cancel) the authorizations of your MXT DIGITAL account permanently and delete the corresponding MXT DIGITAL account:
If your MXT DIGITAL account is canceled, the account and transaction information that comply with data retention rules will be securely stored for 5 years. Additionally, if a transaction has not been completed during the account cancellation process, MXT DIGITAL shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right of erasure under GDPR or other equivalent regulations) will also be subject to the above cancellation protocol.
If MXT DIGITAL is informed that the Digital Assets or funds in your MXT DIGITAL account are stolen or otherwise that you are not the legitimate owner, MXT DIGITAL may, but is not obligated to, impose an administrative freeze on the affected funds and your MXT DIGITAL account. If MXT DIGITAL imposes an administrative freeze on some or all of your funds or your MXT DIGITAL account, MXT DIGITAL may continue the freeze until the dispute is resolved and satisfactory evidence of the resolution is provided to MXT DIGITAL. MXT DIGITAL will not engage in or resolve the dispute. You agree that MXT DIGITAL will not be liable for the freeze or your inability to withdraw Digital Assets or funds or execute transactions during the freeze period.
Remaining Funds After MXT DIGITAL Account Cancellation
Once an MXT DIGITAL account is closed or canceled, the remaining balance of the account (including any costs and liabilities owed to MXT DIGITAL) must be immediately paid to MXT DIGITAL. After payment of all outstanding costs to MXT DIGITAL (if any), users will have 5 business days to withdraw all Digital Assets or funds from the account.
Remaining Funds After Account Cancellation Due to Fraud, Violation of Law, or Breach of These Terms
MXT DIGITAL maintains full custody of the Digital Assets, funds, and user data/information that may be delivered to governmental authorities in the case of account cancellation or closure due to fraud investigations, violation of the law, or breach of these terms.
Inactive Accounts
Notwithstanding any provision in this Clause VI, MXT DIGITAL may provide a written notice requiring you to close all your open positions and withdraw all Digital Assets from your MXT DIGITAL account within 30 days of the notice. In the event of non-compliance, MXT DIGITAL may, at its sole discretion and without prior notice, consider your account inactive.
To avoid doubt, none of the operators of MXT DIGITAL will be responsible for any loss of profits, tax obligations, or any other loss, damage, or expense incurred as a result of the conversion. The transfer of the inactive account (including Digital Assets in the account) to an affiliate of the operators of MXT DIGITAL, any external custodian, or a separate wallet when MXT DIGITAL deems reasonably necessary. In case of transfer, you have the right to recover your Digital Assets in accordance with MXT DIGITAL’s verification requirements, including Know Your Customer (KYC) procedures.
MXT DIGITAL will not be liable for any loss, damage, or expense incurred as a result of the closure of an inactive account.